113 HR 55 IH: Strengthening Homeland Security, Intelligence, and Essential Law Enforcement Departments Act of 2013U.S. House of Representatives2013-01-03text/xmlENPursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.I113th CONGRESS1st SessionH. R. 55IN THE HOUSE OF REPRESENTATIVESJanuary 3, 2013Mr. Fitzpatrick
introduced the following bill; which was referred to the
Committee on Ways and
Means, and in addition to the Committees on
Transportation and
Infrastructure, Armed
Services, and the
Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within the
jurisdiction of the committee concernedA BILLTo prioritize the payment of pay and allowances to
members of the Armed Forces and Federal law enforcement officers in the event
the debt ceiling is reached or there is a funding gap.1.Short titleThis Act may be cited as the
Strengthening Homeland Security,
Intelligence, and Essential Law Enforcement Departments Act of
2013 or the SHIELD Act of 2013.2.FindingsCongress finds the following:(1)The United States Armed Forces represent
the finest fighting force in the world.(2)An interruption in
compensation could affect morale and cause hardship which would threaten United
States security and the safety of our troops.(3)It is a vital
national interest that the United States Armed Forces, including reserve
components, can operate with the assurance that they will continue to receive
pay and allowances for their service if a funding gap occurs.(4)Federal law
enforcement officers are highly trained and dedicated men and women, committed
to protecting liberty, public safety, and the security of our Nation from both
foreign and domestic threats.(5)They have no equal
in the private sector, and perform a role that is both unique and vital to the
continuing operation of the Federal Government and commerce during times of
crisis.(6)Each and every
day, Federal law enforcement officers are engaged around the clock in
activities that include, but are not limited to, dignitary protection, criminal
investigation, homeland security, border security, intelligence gathering, and
fighting waste, fraud and abuse.(7)These critical
Government functions cannot be interrupted due to an absence of Congressional
appropriations or during periods of a Government shutdown, nor can we expect
that the threats posed by violent criminals, terrorists and America’s enemies
will lessen during such periods of fiscal uncertainty.3.Priority payments
if the debt ceiling is reached for defense and Federal law
enforcementIn the event that
the total public debt reaches the public debt limit, as established under
section 3101 of title 31, United States Code, the following payments on
obligations incurred by the Government of the United States shall be
made:(1)The pay and
allowances of members of the Army, Navy, Air Force, Marine Corps, and Coast
Guard, including reserve components thereof, who perform active service.(2)The pay and
allowances of critical law enforcement officers who are employed by Federal
agencies.4.Emergency
appropriations of funds for defense and Federal law enforcement during a
funding gap(a)Appropriation of
funds for military pay and allowancesDuring a period of lapsed appropriations
for the Armed Forces, the Secretary of the Treasury shall make available to the
Secretary of Defense (and the Secretary of Homeland Security in the case of the
Coast Guard), out of any amounts in the general fund of the Treasury not
otherwise appropriated, such amounts as the Secretary of Defense (and the
Secretary of Homeland Security in the case of the Coast Guard) determines to be
necessary to continue to provide pay and allowances (without interruption) to
members of the Army, Navy, Air Force, Marine Corps, and Coast Guard, including
reserve components thereof, who perform active service during the period of
lapsed appropriations.(b)Appropriation of
funds for Federal law enforcement officer pay and allowancesDuring a period of lapsed appropriations
for a federal agency that employs critical law enforcement officers, the
Secretary of the Treasury shall make available to the head of such agency, out
of any amounts in the general fund of the Treasury not otherwise appropriated,
such amounts as the heads of such agencies determine to be necessary to
continue to provide pay and allowances (without interruption) to such critical
law enforcement officers during the period of lapsed appropriations.5.DefinitionsIn this Act:(1)Critical law
enforcement officerThe term critical law enforcement
officer means an employee—(A)who has statutory
authority to make arrests or apprehensions;(B)who is authorized
by the agency of the employee to carry firearms; and(C)whose duties include performing emergency
work involving the safety of human life or the protection of property.(2)Period of lapsed
appropriationsThe term
period of lapsed appropriations means any period during which
appropriations are not available due to the absence of the timely enactment of
any Act or joint resolution (including any Act or joint resolution making
continuing appropriations) appropriating funds for the payment of the pay and
allowances.(3)Total public
debtThe term total public debt has the meaning
given such term in section 3130 of title 31, United States Code.